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HomeMy WebLinkAbout1996-04-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:25 p.m. H. ROLL CALL Present Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Walter H. Snyder Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, Redevelopment Agency Executive Director Joe Gaugush, Acting Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Agnes Flor, Acting Finance Director Evelyn Bridges, Acting Director of Code Compliance Phil Drell, Director of Community Development Mary P. Gates, Deputy City Clerk M. ORAL COMMUNICATIONS - A None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 11, 1996. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 44 and 45. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (1303) by Chris Saroli in the Amount of $125,200.00. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#304) by Arlene Joffe in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. E. MINUTES of Palm Desert Police Advisory Committee Meeting of March 13, 1996. Rec: Receive and file. F. SCHEDULE OF INVESTMENTS as of March 31, 1996. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Partners Destiny, Inc. for Blue Coyote Grill, 72-281 Highway 111, Palm Desert. Rec: Refer to Department of Community Development. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C10180, Multi Agency Library Artwork by Ries Niemi. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. C10180. I. MINUTES of Investment and Finance Committee Meeting of March 5. 1996. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR AUTHORIZATION to Execute Forms from the Coachella Valley Water District for the Gerald Ford Drive Extension Sewer and Water Improvement Project (Project No. 667-95). Rec: By Minute Motion, authorize the Mayor to execute the documents attached to the staff report dated April 25, 1996 (Bill of Sale and Subdivider Declaration). K. REQUEST FOR APPROVAL of Payment for Services Subcontracted Under SCAQMD Funded Fuel Cell Project. Rec: By Minute Motion, appropriate $550,000 from the Unobligated Air Quality Funds to Account No. 238-4515-442-4001. L. MINUTES of Promotion Committee Meeting of March 19, 1996. Rec: Receive and file. M. MINUTES of the Civic Arts Committee Meetings of February 12 and March 11, 1996. Rec: Receive and file. N. MINUTES of the Art -In -Public -Places Subcommittee Meetings of January 17 and February 23, 1996. Rec: Receive and file. O. REQUEST FOR ACCEPTANCE OF WORK for Gerald Ford Drive from Cook Street to Frank Sinatra Drive (Project No. 667-95, Contract No. C10240). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. P. REOUEST FOR APPROVAL of Civic Center Park "Legends Field" Backstop Retrofit (Contract No. C11080). Rec: See Section VII, Consent Items Held Over, for Council discussion and action. Q. REQUEST FOR APPROVAL of State -Local Transportation Partnership Program (SLTPP) Master Agreement 5465 (Contract No. C11090) and SLTPP Supplement No. 001. Rec: By Minute Motion, approve and execute the SLTPP Master Agreement 5465 and SLTPP Supplement No. 001 for the State share of the Cook Street at I-10 Interchange Improvement in the amount of $672,413.00. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REOUEST FOR APPROVAL of City of Palm Desert/Southern California Edison (SCE) Joint Use Agreement (Contract No. C11100) for the Relocation of Facilities for City Project No. 696-94 (Monterey Avenue at Whitewater Channel Bridge). Rec: By Minute Motion, approve and execute the Joint Use Agreement (JUA) for the relocation of electrical facilities for City Project No. 696-94 - Monterey Avenue at Whitewater Channel Bridge. S. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Resodding at the Ironwood Park (Contract No. C11110). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for resodding at the Ironwood Park. T. REOUEST FOR AWARD OF CONTRACT for Design Services for Monterey Avenue and Hovley Lane West Traffic Signal Project (Contract No. C11120). Rec: See Section VII, Consent Items Held Over, for Council discussion and action. U. REQUEST FOR APPROVAL of Consolidated Landscaping and Lighting District FY 1996-97 Report and Proceedings. Rec: 1) Waive further reading and adopt Resolution No. 96-25 to initiate proceedings for annual levy and annexations; 2) waive further reading and adopt Resolution No. 9_( 2¢ to proceed with the intent to levy assessments and annex into the consolidated district; 3) waive further reading and adopt Resolution No. 96-27 for preliminary approval of the annexation and assessment levy report. Mr. Diaz asked that Item P be removed for separate discussion under Section VII, Consent Items Held Over. Councilmember Benson asked that Item T also be removed for separate discussion. Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. V. RESOLUTIONS None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. ORDINANCES For Introduction: A. ORDINANCE NO. 800 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 9.50.040, 9.50.050, AND 9.50.060 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO MOBILE HOME RENT REVIEW. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Kelly moved to waive further reading and pass Ordinance No. 800 to second reading. Motion was seconded by Spiegel and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 795 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Monterey Avenue between Country Club Drive and Dinah Shore Drive). Mr. Diaz noted that there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 795. Motion was seconded by Benson and carried by unanimous vote. B. ORDINANCE NO. 796 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Hovley Lane between Monterey Avenue and Portola Avenue). Mr. Diaz noted that there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 796. Motion was seconded by Benson and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. ORDINANCE NO. 797 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Hovley Lane East between Eldorado Drive and Washington Street). Mr. Diaz noted that there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. M. Motion was seconded by Benson and carried by unanimous vote. D. ORDINANCE NO. 798 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Alessandro Drive between San Carlos Avenue and Deep Canyon Road). Mr. Diaz noted that there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilman Kelly questioned striping on Alessandro Drive and stated he wanted to be sure there was a golf cart lane so these vehicles could travel along Alessandro Drive. Mr. Wohlmuth noted that he, Environmental Conservation Manager Lisa Constande, and Transportation Engineer Mark Greenwood had been working on this matter. He said the speed limit was currently 30 miles per hour and was being increased to 35 miles per hour. He said the width of the street currently did not allow for two lanes of travel, a golf cart lane in both directions, and parking; however, a plan was being developed to allow golf carts on the street with some striping, and staff hoped to implement this plan shortly after this fiscal year. Councilman Kelly asked whether there would be enough room if there was no parking on the north side of Alessandro. Mr. Wohlmuth responded that he believed the width of Alessandro was 40 feet, and eliminating parking from one side would allow two lanes of travel. Councilman Kelly asked whether staff could go ahead and stripe it now instead of waiting until the new budget is approved. Mr. Wohlmuth responded that staff wanted to look at the parking issue and did not want to eliminate parking and impact the businesses. Staff wanted to make sure anything done with the striping does not create a problem for the businesses and parking on Alessandro. He added that staff was working on some golf cart lane transportation plan priorities but could look at Alessandro before the end of this fiscal year; however, the parking issue on Alessandro really needed to be looked at before the striping is done. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 798. Motion was seconded by Benson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. CONSENT ITEMS HELD OVER P. REOUEST FOR APPROVAL of Civic Center Park "Legends Field" Backstop Retrofit (Contract No. C11080). Mr. Diaz asked that this item be continued to the meeting of May 9, 1996. Councilman Spiegel moved to continue this matter to the meeting of May 9, 1996. Motion was seconded by Kelly. Upon question by Councilman Crites, Mr. Diaz stated that some concern had been raised with regard to contributions from other members of the cove communities, and staff would like to research this matter further and discuss this with those other cities before coming back to Council. Councilman Crites agreed that this needed to be discussed with the other cities; however, he expressed concern with the continuance since the retrofit is being done because we have a liability situation out there. Mr. Diaz stated that staff was concerned with going ahead and approving this and then asking the other cities to contribute funds. Councilman Crites asked whether Council could approve this and authorize the Mayor to sign the documents when there is an agreement. He suggested that the first motion be withdrawn and substituted with an motion to approve the request subject to agreement with the other two cities in the cove communities. Councilman Spiegel agreed to a substitute motion to, by Minute Motion: 1) Authorize staff to enter into an agreement with Aztec Fence Company of Coachella in the amount of $28,000 to install a net cover at the four (4) backstops 2) funds are available in the Public Works Civic Center Park Account No. 110- 4611-453-3320, subject to agreement with the other two cities in the cove communities relative to sharing in the cost of this retrofit. Councilman Kelly agreed as the seconder, and the motion carried by unanimous vote. T. REQUEST FOR AWARD OF CONTRACT for Design Services for Monterey Avenue and Hovley Lane West Traffic Signal Project (Contract No. C11120). Upon question by Councilmember Benson, Mr. Gaugush stated that this would be a three-way signal. Councilmember Benson expressed concern with this since the Council discussed not having a similar signal on Highway 74, and she asked why staff was recommending this. Mr. Gaugush stated that warrants were met for this installation, and it would allow better traffic flow through that intersection. Councilman Crites asked whether there was an agreement from the City of Rancho Mirage that if they build something on their side of Monterey it will have the entrance at the same 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * location as this signal, and he expressed concern with the possibility of the City of Rancho Mirage putting in another signal in that area in the future. Mr. Gaugush responded that staff had not approached that issue with regard to future installation. Upon question by Councilmember Benson relative to the $21,000 cost, he said the City of Rancho Mirage was sharing in the cost of the signal. Councilman Kelly said his concern was not so much with who was paying as with putting a stop on Monterey which is the entrance to Palm Desert's commercial area. He said he felt Monterey needed to be guarded carefully so there are not a lot of signals to stop people coming into the City. Councilman Crites stated that the City of Rancho Mirage was considering rezoning the northwest corner of Country Club and Monterey Avenue and putting in a big market. This would probably mean a signal at the northern end of that just before Country Cub coming from the freeway. He felt the City should discuss this matter with Rancho Mirage to make sure there will be no other anticipated signals along Monterey. Councilman Kelly moved to, by Minute Motion, authorize staff to contract for the street improvement portion of the work only and to hold the signal portion until after discussions with the City of Rancho Mirage relative to future development on Monterey Avenue. Motion was seconded by Spiegel and carried by unanimous vote. VIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF ASSIGNMENT OF DEVELOPMENT AGREEMENT FOR "THE RESERVE" FROM LOWE RESERVE CORPORATION, A CALIFORNIA CORPORATION, TO DEEP CANYON ASSOCIATES, L.P., A DELAWARE LIMITED PARTNERSHIP. Mr. Diaz noted the report in the packets and stated that Mr. Drell was available to answer any questions. Councilman Crites asked whether we had cleared up the perceived ambiguity in Lowe's intention to develop the small park site at the northwest corner of Portola and Haystack. Mr. Drell responded that he was not aware of any current or recent discussions with Lowe. Councilman Crites said he thought there was some difference of opinion in terms of what was going to be done and when it was going to be done, etc. He said the only thing we have so far is what appears to be the permanent public art piece on Haystack that is made to resemble a drilling rig from long ago. He stated that he would like to have that matter looked at. Mr. Drell responded that he would look into this. 8 Items REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, approve assignment of the development agreement for *The Reserve" (Ordinance No. 715) from Lowe Reserve Corporation, a California corporation, to Deep Canyon Associates, L.P., a Delaware limited partnership. Motion was seconded by Benson and carried by unanimous vote. B. REQUEST FOR APPROVAL OF LINEUP OF ARTISTS FOR THE SUMMER CONCERT SERIES. Mayor Snyder noted the report in the packets listing the performers for the Summer Concert Series. Councilman Crites moved to, by Minute Motion: 1) Approve the lineup of artists for the summer concert series as outlined in the staff report dated April 25, 1996; 2) authorize the Mayor to sign the following artist contracts as presented: a) No. C11130, Stan Miller Big Band, in the amount of $1,500; b) No. C11140, Kal David and the Real Deal, in the amount of $1,100; c) No. C11150, Ho -Dads, in the amount of $1,200; d) No. C11160, Terremoto, in the amount of $1,200; e) No. C1117Q, West Coast Flyer, in the amount of $1,000; f) No. C11180, Pandemonium Steel Drum Band, in the amount of $1,100; g) No. C11190, Swing Savant, in the amount of $1,500; h) No. C11200, Copperline Bluegrass Band, in the amount of $1,000; i) No. C11210, Al Yankee Jazztet, in the amount of $1,000; and j) No. C11220, Riverside County Philharmonic, in the amount of $10,000. Motion was seconded by Kelly and carried by unanimous vote. C. REOUEST FOR CONSIDERATION OF APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING AN APPLICATION FOR APPROVAL OF A FREE STANDING MONUMENT SIGN AT 73-850 HIGHWAY 111, Case No. 461.6511 (Steve Metsovas, Appellant). Mr. Diaz noted the report in the packets and staffs recommendation to uphold the decision of the Architectural Review Commission. MR. STEVE METSOVAS, owner of the shopping center, stated that it was difficult to see the existing signage because traffic was going by too fast. He asked that Council approve his request for a free standing monument sign. Councilmember Benson expressed concern that if this is approved, other centers that are along Highway 111 will then come in and request similar signs. Councilman Spiegel stated that while he did not want to do anything to hurt business in the City, he did not feel this sign would effectively help this center. He said he agreed with the Architectural Review Commission. Councilman Spiegel moved to, by Minute Motion, deny the appeal and uphold the decision of the Architectural Review Commission for reasons cited by its action of March 26, 1996. Motion was seconded by Crites and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF LETTER FROM RICHARD O'DONNELL REQUESTING WAIVER OF ATTENDANCE REQUIREMENTS FOR THE ARCHITECTURAL REVIEW COMMISSION PURSUANT TO HIS APPROVED SABBATICAL. Councilman Crites stated that as Chairman of the College Sabbatical Committee, he would approve this request. Councilman Spiegel stated that while he understood the sabbatical system of the College, he was concerned with approving this request and then having other committee/commission members coming in and requesting similar waivers because they had a chance to go somewhere and would miss several meetings. Councilmember Benson suggested that the Council look at these requests on a case by case basis. Councilman Crites moved to, by Minute Motion, approve the request. Motion was seconded by Kelly and carried by unanimous vote. E. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Gaugush briefly reviewed the status of these projects and offered to answer any questions. IX. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF MODIFICATIONS TO THE INTERSECTION OF PORTOLA AVENUE AND ALESSANDRO DRIVE (Continued from the Meeting of April 11, 1996). Mr. Gaugush reviewed the staff report and summaries of accident levels in approximately 16 area locations. He said staff's recommendation was to approve installation of a temporary median barrier on Portola at Alessandro for a study period of six months, with analysis to be brought back to the Council at that time. Councilman Spiegel commended staff for its work in putting together this report. He noted that the number of accidents was pretty dramatic on Alessandro and Portola compared to other intersections in the City. Mr. Gaugush noted that Transportation Engineer Mark Greenwood had done the research for this report. 10 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, approve the installation of a temporary median barrier on Portola Avenue at Alessandro Drive to allow north/south left turn movements and to prohibit east/west through movements in the intersection, with further analysis to be done after six months. Motion was seconded by Crites and carried by unanimous vote. R. OLD BUSINESS A. REQUEST FOR APPROVAL OF COURSE OF ACTION WITH REGARD TO HOVLEY LANE FROM WATER WAY TO ELDORADO DRIVE. Councilman Crites asked whether staff had gone out and had a community meeting relative to the report in the packets. Mr. Gaugush responded that although there had been no meeting with residents, staff did mail a copy of the report to Mr. Domnick prior to this meeting. Councilman Crites stated he felt it might be appropriate for such a meeting to occur and to solicit as many comments as possible from the people in this area before Council takes action. Councilman Spiegel agreed that it was important to solicit the input of the residents to see whether they feel staffs recommendations will solve their problems. MR. DAVID DOMNICK, 41-965 Jones Drive, Sunterrace, Palm Desert, stated that there had been some improvements done recently, and he thanked staff for the double yellow lines and the larger dip sign. He noted that he had just recently received a copy of the staff report and had distributed copies to approximately 20 people in Sunterrace. In addition, a friend of his distributed copies to residents of Sandcastle and Primrose. He noted that there was still a very large problem of noise and that one resident had cracks in her floors caused by the heavy vehicles traveling at high rates of speed, with a lot of these vehicles coming from Waste Management and starting as early as 6:00 a.m. He said he felt it was important to install a stop sign at Carlotta and Hovley, especially with school buses going into and out of Carlotta every day. With regard to staffs recommendation to widen the road to three lanes, he felt this would help people turning from Hovley into the side streets but would not help people pulling out of the side streets onto Hovley. Mayor Snyder asked that the residents form a committee so that staff can go out and meet with them to discuss these issues, and he asked Mr. Domnick to be the contact person and to be responsible for notifying everyone of the meeting date. Councilman Crites moved to, by Minute Motion, direct staff to meet with homeowners in this area to discuss the proposed course of action and solicit as many comments as possible relative to that course of action, with the Mayor to represent the City Council at that meeting. Motion was seconded by Spiegel. MR. MURRAY BURKS, 75-645 Dempsey Drive, stated he had purchased his home several years ago and felt Hovley Lane was now a speedway. He said it was very difficult for people from the nursing home to get onto and off of Hovley. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. RONALD BUSS, 75-706 Easy Street, said he could no longer ride his bike in that neighborhood because it was too dangerous. He also expressed concern that the area had turned into a trash area and said he and Joe Conway of the City did not agree as far as who is responsible for cleaning up the strip. MR BILL HOFFMAN, Dempsey Drive in Primrose, expressed concern with the adjustment of the signal on Hovley Lane. He asked that the City adjust the signal to regular intervals. Mayor Snyder stated that these concerns could be discussed at the community meeting. Mayor Snyder called for the vote. The motion carried by unanimous vote. Mr. Gaugush stated that item number 2 of staffs recommended action dealt with the asphalt overlay and other modifications, and it was staffs intention to proceed with those physical corrections. B. REOUF.ST FOR APPROVAL OF CONTRACT OF DESIGN CONCEPT FOR THE REMODEL OF THE ADMINISTRATION BUILDING LOBBY (LYNNE CLARK CONTRACT DESIGN COMPANY, CONTRACTOR). Mr. Diaz recommended that this matter be continued because staff was able to get everyone together to look at the flooring until next week. Councilman Spiegel moved to continue this matter to the meeting of May 9, 1996. Motion was seconded by Crites and carried by unanimous vote. XI. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Requests from Gerald Ford Elementary School and Palm Desert Middle School for Use of the Civic Center Amphitheatre for Graduation Ceremonies. Councilman Crites moved to add this item to the Agenda. Motion was seconded by Kelly and carried by unanimous vote. Mr. Diaz stated that Gerald Ford Elementary School had requested approval to use the amphitheatre on June 11 from 11:00 a.m. to Noon for graduation ceremonies for its kindergarten classes. In addition, Palm Desert Middle School had requested the same date but in the evening from 6:00 to 9:00 p.m. for its 8th Grade graduation ceremonies. Both schools were requesting that the normal permit application be waived, and staff recommended approval of these requests. 12 MINUTES — REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, approve the request for use of the Civic Center Amphitheatre on June 11, 1996, by Gerald Ford Elementary School during the day and by Palm Desert Middle School from 6:00 p.m. to 9:00 p.m. Motion was seconded by Benson and carried by unanimous vote. 2. CVB Promotional Video Mr. Wohlmuth stated that this was a seven -minute video that Councilmember Benson wished to show to the Council; however, with the winners of the Student Art and Essay Contest coming for dinner at 6:00 p.m., he suggested that this video be held until the meeting of May 9, 1996. Council concurred. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time to consider the following: Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: Mr. Erwin asked that the Council also add to the Closed Session an item of litigation entitled Morway vs. City of Palm Desert and Desert Sands Unified School District and noted that a matter had arisen with regard to this litigation which needed an answer prior to the end of this month. Councilman Spiegel moved to add this item to the Agenda for discussion in Closed Session. Motion was seconded by Kelly and carried by unanimous vote. C. CITY CLERK Mrs. Gilligan stated that she had spoken with several Councilmembers relative to the summer meeting schedule and that, with the concurrence of the Council, it would be set up to have Council meetings the first meeting in July and the last meeting in August as it has been in the last three years. Upon question by Councilman Kelly, Mrs. Gilligan stated that this meant the Council would meet the second Thursday in July and the fourth Thursday in August. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, approve the summer schedule for City Council meetings as presented by staff (2nd meeting in July and 1st meeting in August to be cancelled). Motion was seconded by Kelly and carried by unanimous vote. . D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Regional Park in the City's North Sphere. Councilman Kelly stated that at the Council meeting of March 28, 1996, he had asked Council's permission to go ahead and investigate the possibility of a regional park in the City's north sphere. He said the Council had concerns and he advised at that time that he would come back with a response. He distributed copies of a memorandum to the Council with this response and offered to answer any questions. He said if there were no objections, he would investigate the possibilities as far as what the City can do. Councilman Spiegel stated that he would like more information on the proposal relative to how much time would be allotted for pay for play and how much for little league. Councilman Kelly responded that this would not be determined until a plan is put together. Councilman Kelly stated that inasmuch as this would take staff time, he was requesting permission to go ahead and work with staff to put together something for the Council to consider. Councilman Crites moved to, by Minute Motion, authorize Councilman Kelly to work with staff on this proposal. Motion was seconded by Spiegel and carried by unanimous vote. o City Council Committee Reports: None XII. ORAL COMMUNICATIONS - B MS. GAIL LEEDS addressed Council on behalf of a citizen group called "Citizens Wanting Prostitution Eradicated" and said her business address was 100 South Sunrise Drive, Palm Springs. She expressed concern with the growing problem of exotic dancers, prostitution, etc. in the Valley, and she asked the Council's assistance in getting advertising out of the GTE Yellow Pages. She noted that May 24th was the closing date for the GTE phone book. MR. ANANDO RUTKOFF spoke in support of Ms. Leeds' efforts. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder stated that this matter would be referred to the City Attorney to review what can and cannot be done in this regard. Councilman Spiegel moved to adjourn the meeting for dinner at 5:50 p.m. Motion was seconded by Crites and carried by unanimous vote. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - C None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF AWARDS TO WINNERS OF THE 1996 STUDENT ART & ESSAY CONTEST. Mayor Snyder, Contest Chairperson Sharon Spiegel, and Civic Arts Committee Chairman Janet Brody presented awards to the following: Best of Show - Essay - Citlali Armijo, Grade 2, Washington Charter School. Best of Show - Individual Art - Michael Wiener, Grade 7, Palm Desert Middle School. Best of Show - Group Mural - 1st Grade Classes of Ms. Bowman, Ms. Valley, Ms. Young, and Ms. Moretti, Washington Charter School. 1996 Perpetual Award - Principal Carole Horlock, Washington Charter School. Mayor's Special Awards - Group Art - 1) Ms. Gaiser's 4th Grade Class, Abraham Lincoln School; 2) Michelle BenAv and Bahar Shahidi, Grade 7, Palm Desert Middle School. Mayor's Special Award - Individual Art - Colleen Barnes, Grade 11, Palm Desert High School. Mayor's Special Award - Essay - Amanda Raymond, Grade 5, Washington Charter School. Col. Alvin O. Mark Art Award - Lauren Laddusaw, Grade 4, Gerald Ford Elementary School. Paula N. Kroonen Essay Award - Ashley Hanna, Grade 4, St. Margaret's Episcopal School. 15 M1NUTiS REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mural Category - Group Entries - Ms. Pederson, Grade K, Abraham Lincoln School; Ms. Planski and Ms. Westhoven, Grade 1, Abraham Lincoln School; Ms. LeBlanc, Grade 2, Washington Charter School; Ms. Rush, Grade 3, Washington Charter School; Ms. Deatrick, Grade 4, Washington Charter School; Ms. Murphy, Grade 5, Abraham Lincoln School; Ms. Killebrew, Grade 6, Palm Desert Middle School; Ms. Cole, Grade 7, Palm Desert Middle School. Art Category - Individual Entries - Cassandra Smith, Grade K, Abraham Lincoln School; Garrett Holtz, Grade 1, St. Margaret's Episcopal School; Courtney Johnson, Grade 2, St. Margaret's Episcopal School; Jake Schreiber, Grade 3, Abraham Lincoln School; Sara Carian, Grade 4, St. Margaret's Episcopal School; Kate Crumpton, Grade 5, Gerald Ford Elementary School; Autumn Martino, Grade 6, Palm Desert Middle School; Paul Heredia, Grade 7, Palm Desert Middle School; Aiyana Armijo, Grade 8, Palm Desert Middle School; Jesse Cameron, Grade 9, Palm Desert High School; Kelsey Loder, Grade 10, Palm Desert High School; Laureina Avila, Grade 11, Palm Desert High School; Sean Dunn, Grade 12, Palm Desert High School. Essay Category - Individual Entries - Michelle Rose, Grade 2, Washington Charter School; Kerry Golds, Grade 3, Gerald Ford Elementary School; Crystal Padilla, Grade 4, Sacred Heart Catholic School; Jessica Schwartz, Grade 5, Washington Charter School; Dimitri deSilva, Grade 6, Palm Desert Middle School; Michael Wiener, Grade 7, Palm Desert Middle School; Whitney Schreiber, Grade 8, Palm Desert Middle School; Nirav Patel, Grade 11, Palm Desert High School. B. PRESENTATION TO BRIAN GILMORE, KATHRYN LOGGAINS, AND CALIFORNIA HIGHWAY PATROL OFFICER RICHARD CHAMBERS IN RECOGNITION OF THEIR UNSELFISH ACTS OF HEROISM. Mayor Snyder presented awards to Brian Gilmore, Kathryn Loggains, and California Highway Patrol Officer Richard Chambers and thanked them for their actions on March 30, 1996, during the incident at Circuit City in Palm Desert. MR. TIM SULLIVAN from Marriott's Desert Springs Resort and Spa presented each of these individuals with a gift certificate for a weekend at the Marriott and expressed appreciation to them for their courageous acts. Captain Steve Bloomquist, Captain, Palm Desert Police Department, presented a plaque to each person and thanked them on behalf of the Riverside County Sheriff's Department. He noted that the actions of these individuals saved several lives, including that of a San Bernardino County Sheriff's Deputy, who he noted would receive recognition at the City Council meeting of May 23, 1996. 16 MENUI'ES - REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF ANNUAL WEED ABATEMENT AND AUTHORITY TO PLACE I DNS TO BE RECORDED WITH THE COUNTY RECORDER'S OFFICE FOR LOTS ABATED BY THE CITY'S CONTRACTOR. (Continued from the Meetings of March 28 and April 11, 1996.) Ms. Bridges noted that payment arrangements had been made late this afternoon with Mr. and Mrs. Lawrence and, therefore, there was no need for the Council to adopt a resolution to be recorded with the County Recorder's Office. Mayor Snyder noted that this was a continued public hearing, and he invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Spiegel noted that he would still like to see the report from the Assessor's Office relative to the address change for this property owner. Ms. Bridges responded that staff had not yet received this information but would provide it to Council once it is received. Councilman Spiegel moved to, by Minute Motion, approve the abatement arrangements as described by Ms. Bridges. Motion was seconded by Benson and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF APPEAL TO A DECISION OF THE PLANNING COMMISSION APPROVING FOR A TEMPORARY PERIOD A CONDITIONAL USE PERMIT FOR RICK AND SHELLY MURO FOR A 4,248 SQUARE FOOT HEALTH CLUB INCLUDING GYM EQUIPMENT, EXERCISE CLASSES, PHYSICAL THERAPY, AND RELATED USES IN SUITES B AND J OF THE BUILDING LOCATED AT 74-040 HIGHWAY 111, Case No. CUP96-6, (City of Palm Desert, Appellant). Mr. Drell reviewed the staff report, noting the parking situation and the subsequent acquisition of ten additional spaces which resulted in the Planning Commission approving a temporary use permit. He stated that as a condition of this temporary approval, the applicant would be required to file an application by May 15th for permanent location elsewhere with construction to commence by September 1st. Councilmember Benson noted that she had called up this project because two Planning Commission members came to her after their meeting and said they felt they were misled by the facts presented at the hearing and asked that Council review the matter. She said the Planning Commission did not know that Mr. Muro had broken his lease on the El Paseo location and was in litigation. They did not feel it was a fair hearing for them. They also felt Condition #9 should be changed to reflect that if he has not started construction by September 1st he will be terminated on October 1st. She noted the letter from Mr. Muro to Phil Drell indicating he would start construction by September 1st either in Palm Desert or 17 115 REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * in some other place in the Valley, and the Planning Commission did not know he was looking elsewhere. Upon question by Councilman Crites relative to the two Planning Commission negative votes, Mr. Drell stated it was unclear what the precise nature of their opposition was or which aspect they were voting against, although he believed it was the later hours. Councilman Crites asked whether there was any discussion of shorter hours in the winter and later in summer or whether anyone attempted to satisfy the Commissioner's concerns by using 7:45 p.m. as a summer closing time and 6:00 p.m. as a winter closing time. Mr. Drell responded that he believed this was considered, but the applicant's position was that he needed the later hours as part of his program to provide that last evening class. He noted that it was not staffs recommendation to go with the later time. Councilman Spiegel noted that two Palm Desert citizens spoke at the Planning Commission meeting relative to noise, and he asked whether anything had been done about that. Mr. Drell responded that staff had contacted the valet and advised that he was in jeopardy of losing his valet license if his performance was not improved. He said the last information he had received was that the valet license had expired and that Ruth Chris Steak House was looking for a new valet who would be more responsive and sensitive to the neighborhood. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. BOB McFADDEN, Counsel for the applicant, addressed Council and said he was present to clarify any underlying issues that might be in the Council's minds regarding comments made by Planning Commissioner Jim Ferguson. He said he had had discussions with Mr. Ferguson and went through some underlying litigation. He offered to try to clarify any of Council's concerns on behalf of Mr. and Mrs. Muro. Councilmember Benson stated that the question was that it did not come out during the Planning Commission meeting as to the true circumstances of Mr. Muro leaving the El Paseo location. Mr. McFadden stated that the true circumstances were litigated. With regard to Mr. Muro's letter, he said he concurred that his representations in that letter were accurate. He said that without going through the underlying litigation, Mr. Muro in good faith felt he had an agreement. He briefly reviewed the litigation and said Mr. Muro entered into a stipulated agreement. He added that there was no judgment against Mr. Muro at the present time. He noted that Mr. Muro did not break the lease and that there was a successful negotiation of that lease. Councilman Crites asked if there was a reason why there was no application for a Conditional Use Permit before moving in and opening for business. Mr. McFadden stated that he did not represent Mr. Muro at that time but that Mr. Muro indicated in his letter that he did not 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * know about it. Councilman Crites stated he would not set that issue solely on Mr. Muro because there is a well -qualified individual who owns that center who knows municipal law as well as just about anyone else and appears to have forgotten such matters as well. MR. GARY TRION, 74-047 San Marino Circle, Palm Desert, stated that his property backed up to the parking lot used by Ruth Chris, Tsing Tao, and the Fitness Center. He said when the Planning Commission approved the CUP for the Fitness Center, it just compounded an already intolerable situation. He felt the late night usage of that parking lot should never have been allowed. He said the problem was not just the valet and that there were a lot of people pulling into and out of the parking lot, blowing their horns, etc. He noted that he had given a videotape to the Planning Commission some time ago showing what the residents in that area have to live with and that he was in the process of making a longer video to give to everyone. He stated that the residents had put up with this situation for the last four and a half years, and no one will listen to them. He said they had tried the managers of Ruth Chris, the valet people, the City's Code Compliance Department, the Planning Commission, etc. and they've been told to live with it. He added that he understood the Conditional Use Permit was up for renewal soon, and the residents intended to oppose it. Upon question by Councilman Spiegel as to who in the City told the residents to live with it, Mr. Trion responded that Mr. Bob Smith said that he had investigated the problems over there and that as far as he was concerned the residents could live with it. Councilman Crites stated that he was one of the two votes against that center and the lack of parking in it. Councilmember Benson stated she was the other negative vote. Crites stated that office professional was a day use, and he asked Mr. Trion's feelings about that use. Mr. Trion stated that the residents did not have a problem with the daytime business there. Upon question by Councilman Crites, he said he did not have a problem with Mr. Muro, although their parking did make the situation worse. Councilman Crites asked if he had strong feelings about when the parking should end. Mr. Trion stated that he felt the lot should be closed at 7:00 p.m. to everyone. Mayor Snyder declared the public hearing. Councilmember Benson stated she would like to see Condition #9 modified to reflect that Mr. Muro will in good faith have a building started by September 1st. She said she felt the building should be in Palm Desert or he is out of their by October 1st. She said she did not have a problem with closing the parking lot at 7:00 p.m. She agreed with Councilman Crites that the owner of that building knew what could and could not be in that building. Councilman Spiegel stated that this was a good facility in Palm Desert and had a lot of nice customers. His problem was that had an applicant come to the City and proposed putting a facility adjacent to an already busy facility, that applicant would have two chances, slim and none. He said he did not blame Mr. Muro, he blamed Dick Oliphant, owner of that building. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL, MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He said he felt the time Mr. Muro is out of their completely needed to be decided at this time. He said that as Mr. Oliphant said, Mr. Muro would have to be out of their by February 1st or TUMF fees had to be paid, and he said he would not pay the TUMF fees. He questioned whether Mr. Muro could get anything built brand new in that timeframe, and he challenged staff and everyone involved to come up with a solution to that parking lot. He said whether Mr. Muro was at that location or not, the problem still existed, and something needs to be done. Councilman Crites agreed with Councilman Spiegel and said when this building was built, it was with the idea that that second building back was office professional. That was a lower density use, and people would be gone in the evenings. He agreed with Mr. Trion's comments but said as far as he knew this was the first time Mr. Trion had come and expressed these concerns to the Council. He said he believed that residences need to be protected from things like this, and the residents should not have to put up with these conditions. He said he felt the Council needed to be sure Condition #9 was very tight and that Condition 17 should be changed to an earlier time in the evening such as 7:00 p.m. instead of 8:00 p.m. He added that he felt the City needed to also go to work on the entire parking lot issue, which he felt was not Mr. Muro's problem. Mayor Snyder agreed with comments made. Councilman Kelly stated that he had a lot of concerns, not the least of which was the parking lot. He said it was a red flag to him to have someone come in and tell him they have built something and now want a permit to do so. He said he had a problem with questions left unanswered because the attorney did not represent Mr. Muro at that time. He said he did not see how the applicant could get something done in this timeframe. He added that he had a problem with someone coming in and going to a place that is crowded and has problems, especially when there is so much empty space all over the City. Councilman Crites addressed Councilman Kelly and asked whether it would be possible to fashion something that would allow the use through the summer when other activities slow down and have this resolved in terms of a different lease location by a certain time at the end of summer. Councilman Kelly responded that he would be inclined to consider giving the applicant a three- or four -month approval while he finds a location where he does not have to build a building. Upon question by Councilman Spiegel, Kelly responded that Mr. Muro should be out of the building by September 1st. Mayor Snyder =mud the public hearing. MR. RICK MURO, applicant, addressed the Council and stated that he indicated in the letter to Mr. Drell that he started planning this facility some time last summer. He said there was not a lot of available space in Palm Desert, and the only acceptable place for him to go was 111 Town Center. He said he stated in his letter that his intent was to have plans submitted by May 15th; if not, they planned to go elsewhere. He said that if Festival Management 20 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * were to sell the r. „r :.. C�, he could perhaps renegotiate with the new owners for that space. With regard to Condition 17, he asked that the item be waived because of the additional ten spaces or that they be allowed to close at 7:30 p.m. or 8:00 p.m. in order to have that last evening class. He noted that 70% of the business was before 4:00 p.m. and that they take care of the senior citizens. Upon question by Councilman Spiegel, he stated that they currently had a little over 4200 square feet but that it was not adequate because there were no shower rooms due to the layout. Upon question by Councilman Crites regarding how Mr. Muro got into the place without a Conditional Use Permit, Mr. Muro responded that he did not know about the requirement and only found out about it because he came in to change the address for his business license. He said he was informed at that time that there was not enough parking. Mayor Snyder declared the public hearing flag. Councilman Spiegel challenged Mr. Muro to find a location to move to by the beginning of the season, which may preclude building a new facility at Fred Waring Drive and Monterey Avenue. He said he felt a date certain needed to be set for this, and he suggested it be October lst. He said he would agree to go along with the current status until October 1st, with Mr. Muro having to find a new location by that time, and if he decided to go to Fred Waring and Monterey, he would have to find another temporary location. Councilmember Benson asked whether the October 1st date would be final with no further review. Councilman Spiegel agreed. City Attorney Dave Erwin stated that modifying Condition #5 to indicate a temporary period only to expire October 1, 1996, would effectively delete Condition #9. He added that Council might wish to address the hours in Condition #7. Councilman Spiegel responded that because of the summer months, he did not feel the hours needed to be changed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-28 with Condition No. 5 amended to read as follows: "That this conditional use permit is approved for a temporary period only and shall expire October 1, 1996." Motion was seconded by Benson. Councilman Crites asked if this would leave everything as it is until October, and Councilman Spiegel responded that it would. Councilman Crites stated he felt Condition #7 should note that any alterations between now and October to the use of that parking lot would not impact his business. Mr. Erwin stated that the Council was basically permitting this use for this period of time. If it wished to change that, it would be necessary to notice another public hearing to modify the permit. Mayor Snyder called for the vote. Motion carried by unanimous vote. 21 MINUTES REGULAR PALM DESERT CifY COUNCIL APRIL 25, 1996 • • • • • • * • • • • • s • • • • • * • • • s • • • • s • • • • • * • • • • Councilman Crites noted that Economic Development Manager Paul Shillcock was to put together a list of vacant commercial areas in the City, and he said this list should be made available to the applicant. Mr. Diaz responded that staff would make sure it is available. XVIL ORAL COMMUNICATIONS - D None XVM. ADJOURNMENT Upon motion by Spiegel, second by Crites, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 9:20 p.m. to Closed Session to consider items listed under City Attorney Reports and Remarks. He reconvened the meeting at 10:25 p.m. and immediately adjourned with no action announced from Closed Session. WALTER H. SNYDER, MAYOR • SHEILA R. brILIGAN, D1R OF COMMUNITY AFFAIRS CITY OF PALM DESERT,' ORNIA 22